Most Emailed Articles

Why Clinton Could Pardon Himself

Dateline: 04/12/00

The Washington Post reported yesterday that Independent Counsel Robert Ray
is considering asking for a criminal indictment next January against President
Clinton on charges of perjury, obstruction of justice, making false statements,
and conspiracy related to the President's testimony related to his relationship
with Monica Lewinsky. (Washington
Post story of 4/11/00)

According to the Post report, Ray does not plan to go forward with the
indictments until after the President leaves office in January because of
potential "constitutional challenges."

The "constitutional challenges" would come primarily from the power of
U.S. presidents to grant pardons under Article
II, Section 2 of the Constitution, which states in part, "and he [the
president] shall have Power to grant Reprieves and Pardons for Offences against the
United States, except in Cases of Impeachment."

In other words, under this Article, a sitting president can grant him or
herself a pardon. The Founding Fathers intended this in order to prevent the
Executive Branch (the president) from coming under the direct control and
influence of the Judiciary Branch (the courts).

Former Supreme Court Chief Justice Thurgood
Marshall once summed up the wisdom of the constitutional provision as
follows: "An attempt on the part of the judicial department of the
government to enforce the performance of such duties by the President might be
justly characterized, as an absurd and excessive extravagance."

Richard Nixon was the only president ever pardoned. President Gerald R. Ford,
Nixon's successor in office, pardoned him from prosecution for alleged crimes
stemming from the Watergate scandal.

In a later Washington Post story, White House press secretary Joe Lockhart
has stated that President Clinton has no intention of granting himself a pardon
before leaving office next January 20th. (Washington
Post story of 4/12/00)

Lockhart also told the Post he knows of no discussions between the President
and Vice President Gore concerning a pardon should Gore be elected president in
November.

Reference Links

Independent
Counsel Targets ClintonIndependent Counsel Robert Ray is
considering indicting President Clinton after the election. He says the Clinton
probe is an "open matter," and revealed he's hired more staff, and
will increase spending on the investigation. From U.S. Politics Guide John
Aravosis.